Harish (Chief Resource Manager) 27 June 2016

Can the consumer court cancell the registered sale deed

Respected Learned Members,

I had entered into an agreement for sale for purchase of flat in Bangalore in MArch 2008. The flat (which is still incomplete till date) was registered in my favour in August 2008. Howevver till date the possession of the flat has not been given to me. I have filed a case in Consumer Court requesting the court to ask the builder to pay my entire money with interest and take back the flat. Can the Consumer Court cancell the registered sale deed or else what is the option

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H. S. Thukral (Lawyer) 27 June 2016

In this case the builder is guilty of deficient services and thus consumer court has jurisdiction to decide the complaint. In deciding the complaint consumer court can direct the builder to refund the money alongwith interest /penalty. It is not strictly cancellation of deed. While filing a complaint before the consumer court you have to allege deficiency of service against the builder as he failed to give you possession of the same.